UNITED NATIONS A Distr. General Assembly GENERAL A/HRC/12/7 4 June 2009 Original: ENGLISH HUMAN RIGHTS COUNCIL Twelfth session Agenda item 6 UNIVERSAL PERIODIC REVIEW Report of the Working Group on the Universal Periodic Review * Malta _________________________ * Previously issued under document symbol A/HRC/WG.6/5/L.6. The annex to the present report is circulated as received. GE.09-13890 A/HRC/12/7 Page 2 CONTENTS Paragraphs Page Introduction...................................................................................................... 1 - 4 3 I. SUMMARY OF THE PROCEEDINGS OF THE REVIEW PROCESS ... 5 - 79 3 A. Presentation by the State under review.......................................... 5 - 42 3 B. Interactive dialogue and responses by the State under review....... 43 - 79 8 II. CONCLUSIONS AND/OR RECOMMENDATIONS.............................. 80 - 82 16 Annex Composition of the delegation......................................................................... 21 A/HRC/12/7 Page 3 Introduction 1. The Working Group on the Universal Periodic Review (UPR), established in accordance with Human Rights Council resolution 5/1 of 18 June 2007, held its fifth session from 4 to 15 May 2009. The review of Malta was held at the 6th meeting on 6 May 2009. The delegation of Malta was headed by Dr. Peter Grech, Deputy Attorney General. At its 10th meeting, on 8 May 2009, the Working Group adopted the present report on Malta. 2. On 8 September 2008, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Malta: Egypt, Saudi Arabia and Ukraine. 3. In accordance with paragraph 15 of the annex to resolution 5/1, the following documents were issued for the review of Malta: (a) A national report submitted in accordance with paragraph 15 (a) (A/HRC/WG.6/5/MLT/1); (b) A compilation prepared by the Office of the High Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/5/MLT/2); (c) A summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/5/MLT/3). 4. A list of questions prepared in advance by the Czech Republic, Germany, Sweden, the Netherlands, the United Kingdom of Great Britain and Northern Ireland, Argentina and Denmark was transmitted to Malta through the troika. These questions are available on the extranet of the UPR. I. SUMMARY OF THE PROCEEDINGS OF THE REVIEW PROCESS A. Presentation by the State under review 5. At the 6th meeting of the Working Group, the head of Maltese delegation, Peter Grech, welcomed the opportunity to assess the country’s human rights situation, its existing procedures, practices and challenges, in a self-critical manner. He remarked that Malta’s national report was formulated following broad consultations across the Government, the Ombudsman and local civil society. Civil society in Malta has a long and proud record of active involvement in safeguarding and promoting human rights, making the exchange of views intense and constructive. 6. The delegation stated that the articulation of specific rights and provisions guaranteeing their enjoyment had been progressively incorporated in Malta’s constitutional development starting with the first bill of rights in 1802. The Independence Constitution of Malta of 1964 established a liberal parliamentary democracy, safeguards specific fundamental human rights of citizens and provides for a separation of powers, with regular elections based on universal suffrage. 7. The Maltese Parliament consists of the House of Representatives, presided over by the Speaker of the House and currently composed of 69 members. The President of Malta is elected for a five-year term by the House. With respect to local councils, elections of councilors are held every three years by means of proportional representation using the single transferable vote. All A/HRC/12/7 Page 4 European Union nationals resident in the Maltese Islands who are registered and possess a Maltese identity card are eligible to vote. 8. In addition to the guarantees for fundamental rights in the constitution, the delegation said that freedom of expression in Malta is also guaranteed by the Press Act and the Broadcasting Act. In 2006 the penalty of imprisonment for criminal libel, which had not been used for more than 30 years, was abolished. Freedom of religion, assembly and association are guaranteed by the European Convention Act as well as by the Employment and Industrial Relations Act and the Volontary Organisations Act. 9. The Independence Constitution provides for the right of individual petition to courts with special constitutional jurisdiction, ensuring redress against actual or threatened violations of fundamental rights. In 1987, this judicial protection was strengthened when Malta ratified the right of individual petition to the European Court of Human Rights. Malta incorporated the European Convention on Human Rights and a number of its protocols in domestic law through the European Conventions Act. It has been a member of the Council of Europe since 1965 and the enforcement of fundamental human rights in Malta has been subject to its scrutiny and valuable guidance. Upon accession to the European Union in 2004, human rights protection in Malta was strengthened by the acceptance of the jurisdiction of Institutions of the European Union. 10. The delegation cited a number of human rights institutions established in Malta to safeguard, inter alia, gender equality, equality of opportunity for persons with disabilities and the rights of children. In response to questions, it said given the various institutions, Malta has not considered it necessary to have a distinct authority to monitor human rights. It added that effective judicial procedures were preferable to a human rights institution, but that the matter was under constant review. 11. Malta is also party to a number of international human rights treaties as well as regional instruments, including the European Social Charter; the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and its Protocols and the Council of Europe Convention on Action against Trafficking in Human Beings. 12. The delegation stressed that the Maltese Parliament abolished the death penalty for ordinary crimes in 1971, keeping it in force for certain crimes committed by member of the Armed Forces and in times of war. In March 2000, an amendment to the Armed Forces Act abolished the death penalty for all crimes. 13. The Government has, over the years, taken various legislative initiatives relating to human rights. In addition to legislation cited above, the Employment and Industrial Relations Act protects the rights of workers, trade unions and employers associations, as well as collective bargaining and acceptable conditions of work. The Data Protection Act ensures protection of the right to privacy. The Administrative Justice Act mandates observance of fundamental substantive and procedural principles of law in matters of administrative justice. The Marriage Act ensures, in line with fundamental human rights and the values of family based on marriage, a free choice in matters of marriage, while the Social Security Act and the Malta Council for Economic and Social Development Act ensure access to social protection. Malta believes that civil and political rights go hand in hand with social and economic rights, was fully committed to vigorous development of economic and social policy, and was constantly pursuing a progressive agenda on such policy. A/HRC/12/7 Page 5 14. The efficiency and fairness of the judicial process is assisted by the Commission for the Administration of Justice, an independent Constitutional Commission presided by the President and including judicial representatives, the Government, Opposition and the Attorney General. Judicial representatives form half of the Commission. 15. The separation of powers in Malta is not sharp but is more of the nature of checks and balances. Notwithstanding that the Judiciary is appointed by the President, acting in accordance with the advice of the Prime Minister, the independence of judges and magistrates from the Executive is strongly safeguarded by the Commission for the Administration of Justice and by constitutional provisions concerning security of tenure of judges and magistrates. 16. The appointment of the Ombudsman is made by the President in accordance with a resolution of not less than two-thirds of the House of Representatives. The Ombudsman can investigate complaints about any decision or action, or lack of action by public authorities in the exercise of administrative functions. He can commence investigations on his own initiative if substantial public interest is involved. 17. Regarding the treatment of prisoners, the delegation said a move towards the concept of a correctional facility as a place of reform and therapy rather than of punishment led to the modernization, extension of facilities and renaming of the Malta Prisons into the Corradino Correctional Facility. 18. Malta’s healthcare system was based on the principle of equality and solidarity with universal coverage. Life expectancy at birth has continued to improve and has reached the 81.4 years for females and 77.2 years for males. Statistics show that 84 per cent of the Maltese population is satisfied with the quality of medical care offered. 19. The delegation stressed that medical services and facilities offered by health authorities in Malta are equally accessible to irregular immigrants, refugees